Yes, you can finalize a Florida divorce that involves marital property but no minor or dependent children by filling out and filing Florida Family Law Rules of Procedure Form 12.990(c)(1), the Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Children. This is the order the judge signs to legally end your marriage, divide your assets and debts, and decide spousal support if any applies under Florida Statutes § 61.075 and § 61.08.
Florida saw roughly 57,000 dissolutions of marriage filed in a single recent year according to Florida court statistics from OSCA, and a large share of those couples have property to divide but no minor children. Filling out 12.990(c)(1) wrong can delay your final hearing, reopen settled issues, or even invalidate your judgment, so accuracy matters more than speed.
Here is what you will learn in this guide:
- 📝 How every line and box on Form 12.990(c)(1) works, with plain-English meaning and consequences
- ⚖️ How Florida’s equitable distribution law and the 2023 alimony reform under SB 1416 shape the form
- 👤 Three named real-world examples showing how to complete each section
- 🚫 The most common mistakes that cost filers time, money, and rights
- ❓ Ten plus FAQs answering the questions Florida clerks hear every day
Outline With Word Count Targets
- H2 What Form 12.990(c)(1) Is and When You Use It — 360
- H2 Federal Law Backdrop Before Florida Rules — 320
- H2 Florida Statutory Framework Behind the Form — 420
- H2 Section-by-Section Walkthrough of Form 12.990(c)(1) — 780
- H2 Three Named Examples Filling Out the Form — 520
- H2 Three Common Scenarios and Their Consequences — 360
- H2 Mistakes to Avoid When Completing 12.990(c)(1) — 420
- H2 Do’s and Don’ts for Pro Se Filers — 340
- H2 Pros and Cons of Using the Standard Form — 320
- H2 Key Court Rulings That Shape the Final Judgment — 360
- H2 Comparing 12.990(c)(1) to Sibling Final Judgment Forms — 320
- H2 FAQs — 480
Total target: ~5,000 words.
What Form 12.990(c)(1) Is and When You Use It
Form 12.990(c)(1) is the Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Children. It is the order a circuit judge signs to officially end the marriage, confirm the division of marital assets and debts, and rule on alimony, name restoration, and any marital settlement agreement the spouses signed. The form lives inside the Florida Family Law Rules of Procedure forms set approved by the Florida Supreme Court.
You use this form when both spouses are adults, there are no minor or dependent children of the marriage, and there is property or debt to divide. If you have minor children, you must use 12.990(c)(2) instead, and if you have no property and no children you use 12.990(c)(3). Picking the wrong final judgment template forces the clerk to reject the proposed order, which can push your final hearing back several weeks.
The plain-English purpose is simple. The judge needs a written, signed document that says the marriage is over, who keeps what, who pays what, and whether anyone pays alimony, and Florida wants every county using the same template so nothing important gets missed. Skipping the standard form is allowed only if a lawyer drafts a custom order that contains every required finding under Florida Family Law Rule 12.285 and § 61.075.
A common misconception is that signing a marital settlement agreement ends the marriage. It does not. Only a judge’s signature on a final judgment like 12.990(c)(1), recorded by the clerk, dissolves the marriage under Florida law.
Federal Law Backdrop Before Florida Rules
Divorce is a state matter, but federal law still shapes pieces of any Florida final judgment. The Servicemembers Civil Relief Act protects active-duty military spouses from default divorce judgments, and Form 12.990(c)(1) contains a default-related finding the judge must support with a separate non-military affidavit when one spouse does not appear.
ERISA and the Retirement Equity Act govern how pensions and 401(k) plans get split. The final judgment may divide a retirement account on paper, but the plan administrator will not transfer funds without a separate Qualified Domestic Relations Order, commonly called a QDRO. Failing to follow up with a QDRO is one of the most expensive mistakes filers make.
Federal tax law also matters. After divorce, the IRS treats you as unmarried for the entire year if your final judgment is entered by December 31, which controls your filing status under IRS Publication 504. Alimony rules changed under the 2017 Tax Cuts and Jobs Act, so for divorces finalized after 2018, alimony is no longer deductible by the payer or taxable to the receiver.
A common misconception is that federal law overrides Florida’s equitable distribution. It does not. Federal statutes set guardrails, but the judge still uses Florida law to decide who gets what, and the consequence of ignoring the federal layer is unenforceable retirement transfers and surprise tax bills.
Florida Statutory Framework Behind the Form
Florida Statute § 61.052 requires that one spouse live in Florida for at least six months before filing and that the marriage be “irretrievably broken.” The judge must make those two findings inside Form 12.990(c)(1), which is why the form contains a residency check box and a broken-marriage check box near the top. Skipping either finding gives the other spouse grounds to vacate the judgment under Florida Rule of Civil Procedure 1.540.
§ 61.075 is the equitable distribution statute. It tells the judge to start from a 50/50 split of marital assets and debts and then adjust based on factors like the length of the marriage, each spouse’s economic circumstances, contributions to the marriage, and intentional dissipation. Equitable does not always mean equal, and the form has lined fields where you list every asset, every debt, who keeps it, and the value.
The plain-English consequence: anything you forget to list is not divided by the judgment, and you may have to file a separate partition action later to split it. A real-world example is a couple who forget a joint timeshare; five years later one spouse stops paying maintenance fees and both still get sued because the timeshare was never assigned in the final judgment.
§ 61.08, as rewritten by Senate Bill 1416 in 2023, eliminated permanent alimony in Florida and limits durational alimony to a percentage of the marriage length. The form has a section for alimony type, amount, duration, and basis. A common misconception is that long-married spouses still qualify for “permanent” alimony, but as of July 1, 2023, that category no longer exists.
Section-by-Section Walkthrough of Form 12.990(c)(1)
The form opens with the case caption: the judicial circuit, county, case number, and division. You copy this exactly from your Petition for Dissolution Form 12.901(b)(2). A wrong case number sends the order to the wrong file and the clerk will reject it.
Paragraph 1: Jurisdiction and Residency
This paragraph requires the judge to find that the court has jurisdiction over the parties and the subject matter, and that one party has lived in Florida for at least six months before filing. You usually check a box and fill in which spouse met the residency requirement. The consequence of leaving this blank is a void judgment under Gillman v. Gillman.
Paragraph 2: Marriage Is Irretrievably Broken
The judge marks that the marriage is irretrievably broken. If one spouse contests this, the judge can order counseling under § 61.052(2). Most uncontested cases simply check the box.
Paragraph 3: Marital Settlement Agreement
If you and your spouse signed a Marital Settlement Agreement Form 12.902(f)(2), you check the box that incorporates it into the judgment. Incorporation makes the agreement enforceable through contempt, while mere ratification only makes it enforceable as a contract. The plain-English consequence: incorporation is stronger.
Paragraph 4: Equitable Distribution
This is the heart of the form for property cases. You list each marital asset, who receives it, and the value, then do the same for marital debts. You also identify any non-marital property each spouse keeps. Real estate must be described by legal description, not just street address, so the judgment can be recorded against the property in the county land records.
Paragraph 5: Alimony
If alimony applies under § 61.08, you specify the type — bridge-the-gap, rehabilitative, or durational — the monthly amount, the start date, the end date, and whether it is modifiable. If no alimony, you check the “neither party shall receive alimony” box. Forgetting to reserve jurisdiction over alimony means you lose the right to ask later.
Paragraph 6: Former Name Restoration
Either spouse may ask the court to restore a former name. You write the exact prior legal name. The consequence of misspelling: the Social Security Administration and Florida DHSMV will refuse to update records.
Paragraph 7: Reservation of Jurisdiction
The judge keeps power to enforce the judgment and to execute documents on a party’s behalf if they refuse to sign deeds or titles. This is the enforcement clause; without it, you must reopen the case.
Signature Block
The judge signs and dates the order, and the clerk furnishes copies to both parties. A common misconception is that you sign 12.990(c)(1). You do not. Only the judge signs the final judgment.
Three Named Examples Filling Out the Form
Example 1 — Maria in Miami-Dade. Maria and Luis married for eight years, no children, own a condo in Coral Gables jointly, and have a shared credit card balance of \$14,200. Maria fills paragraph 4 by listing the condo (legal description, parcel ID 01-4108-XXX-XXXX, current value \$385,000), assigns it to Luis with a \$50,000 equalizing payment to Maria, and assigns the credit card debt to Luis. She checks “no alimony” because both earn similar salaries.
Example 2 — David in Hillsborough County. David, age 62, and Karen, age 60, were married 22 years. David has a Florida Retirement System pension worth \$420,000 in present value. He fills the alimony section with durational alimony of \$1,800/month for 132 months (50% of the marriage length under post-SB 1416 rules), and notes the pension division will be effected by a separate QDRO. He reserves jurisdiction to enter that QDRO.
Example 3 — Priya in Orange County. Priya and James, married three years, no kids, own a Subaru jointly. They sign a marital settlement agreement that James keeps the car and pays Priya \$3,000 in three installments. Priya checks the box incorporating the 12.902(f)(2) agreement, lists the Subaru and its assigned spouse, and asks the court to restore her maiden name “Patel.”
Each example shows the same form working differently depending on facts. The lesson: the form is a skeleton; your facts are the meat.
Three Common Scenarios and Their Consequences
| Filing Scenario | What Happens Next |
|---|---|
| You list every asset, debt, and value with full legal descriptions | The judge signs, the clerk records the judgment, and the property division is enforceable through contempt and writs of execution under Fla. R. Civ. P. 1.570 |
| You forget to attach a sworn Family Law Financial Affidavit 12.902(b) or (c) | The judge cannot enter the final judgment because financial affidavits are mandatory and your hearing is reset, sometimes 30 to 90 days out |
| You leave the alimony paragraph blank instead of checking “no alimony” | You may forfeit the right to claim alimony forever because Florida law treats silence as a waiver under Pollack v. Pollack |
| Asset Treatment Choice | Long-Term Effect |
|---|---|
| Awarding the marital home to one spouse with a quitclaim deed but no refinance deadline | The other spouse remains liable on the mortgage for years and any late payment damages their credit |
| Splitting a 401(k) in the judgment but never filing a QDRO | The plan administrator will not release funds and you may pay tax penalties when the mistake surfaces |
| Listing “all household furniture to wife” without an inventory | Disputes erupt at moveout because the term is ambiguous, and the judge may have to hold an enforcement hearing |
Mistakes to Avoid When Completing 12.990(c)(1)
- Using street address only for real property. The county recorder rejects judgments without a full legal description, leaving title clouded.
- Forgetting to reserve jurisdiction to enforce the judgment, sign documents, and decide attorney’s fees, which forces a new lawsuit later.
- Mixing marital and non-marital assets in one list so the judge cannot tell what is being divided, leading to appeals under Robbie v. Robbie.
- Skipping the financial affidavit required by Rule 12.285, which is a mandatory disclosure and grounds to vacate.
- Misclassifying alimony type under post-2023 § 61.08, since durational alimony has caps and bridge-the-gap is non-modifiable.
- Ignoring the QDRO step for retirement accounts, which leaves the division on paper only.
- Failing to update beneficiary designations on life insurance and IRAs after the judgment, which can send assets to an ex-spouse contrary to intent under ERISA preemption.
- Misspelling a restored name, which forces a separate name-change petition.
- Leaving valuation dates blank, since § 61.075(7) requires a date for each asset to compute equitable distribution.
- Submitting the wrong final judgment form, such as using 12.990(c)(3) (no property, no children) when you actually have property to split.
Each mistake has a specific consequence: rejected orders, voided judgments, lost rights, or expensive post-judgment litigation. The plain-English fix is to slow down, double-check every box, and attach every required exhibit.
Do’s and Don’ts for Pro Se Filers
Do’s
- Do read the Florida Self-Help Center instructions for 12.990(c)(1) before filling anything in, because the instructions explain every blank.
- Do bring two extra copies of the proposed final judgment to the final hearing, so the judge can sign and the clerk can stamp without delay.
- Do attach the signed Marital Settlement Agreement 12.902(f)(2) when one exists, because incorporation gives you contempt power.
- Do confirm the Notice of Social Security Number Form 12.902(j) is filed, because the clerk needs it for the vital records report.
- Do check the non-military affidavit when your spouse defaulted, because federal law shields active-duty members.
Don’ts
- Don’t use whiteout or scribble on the form, because clerks reject visibly altered orders.
- Don’t sign on the judge’s signature line, since only the judge signs the final judgment.
- Don’t list non-marital property as marital, because that triggers an appeal and possible sanctions.
- Don’t combine alimony and equitable distribution in one number, since they are separate findings under § 61.075 and § 61.08.
- Don’t file before the 20-day waiting period under § 61.19 has run from the petition’s filing date, because the judge cannot dissolve the marriage early.
Pros and Cons of Using the Standard Form
Pros
- The form is judge-approved statewide, so any Florida circuit court will accept it, which speeds your hearing.
- It contains every mandatory finding under § 61.052 and § 61.075, lowering the risk of a void order.
- It is free through the Florida Courts website, saving lawyer drafting fees.
- It uses plain-English check boxes, helping pro se filers avoid drafting errors.
- It comes with official instructions, providing line-by-line guidance.
Cons
- The form is rigid and does not accommodate complex business valuations, trusts, or international assets without extensive attachments.
- The form’s alimony section is generic and may not capture nuanced post-SB 1416 calculations, requiring an addendum.
- The form does not include a built-in QDRO, leading filers to think retirement is divided when it is not.
- The form’s real estate paragraph is short, and pro se filers often forget the legal description, causing recording issues.
- The form does not address tax allocation of carryforward losses or dependency exemptions, which a custom order would.
Key Court Rulings That Shape the Final Judgment
Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980) is the foundational case for the trial court’s broad discretion in equitable distribution. The judgment must show “reasonableness” given the parties’ circumstances. The plain-English rule: judges have flexibility, but they must explain themselves on the record.
Robbie v. Robbie, 654 So. 2d 616 (Fla. 4th DCA 1995) requires specific findings of fact for unequal distribution. If the judgment splits assets unequally without explanation, the appellate court can reverse. Real-world consequence: pro se filers should add a short paragraph explaining any unequal split.
Pollack v. Pollack, 678 So. 2d 1330 (Fla. 4th DCA 1996) confirms that failing to reserve alimony in the final judgment generally waives it. The misconception that alimony can be added later “if circumstances change” is wrong unless jurisdiction is reserved on the face of the order.
Boyett v. Boyett, 703 So. 2d 451 (Fla. 1997) addresses pension valuation date and is the reason Form 12.990(c)(1) requires valuation dates beside each asset. Skipping the date can cause the appellate court to remand.
Hahamovitch v. Hahamovitch, 174 So. 3d 983 (Fla. 2015) holds that a clear prenuptial waiver of marital rights is enforceable, which affects how the form handles assets covered by a prenup. The plain-English consequence: list prenup-covered property as non-marital.
Comparing 12.990(c)(1) to Sibling Final Judgment Forms
| Form | When to Use |
|---|---|
| 12.990(a) — Simplified Dissolution | When both spouses agree, have no minor children, are not seeking alimony, and have minimal property under § 61.183 simplified procedure |
| 12.990(b)(1) and (b)(2) — With Children | When the marriage has minor or dependent children, with or without property |
| 12.990(c)(1) — Property, No Children | When there are marital assets or debts to divide and no minor or dependent children |
| 12.990(c)(2) — Children, No Property | When there are minor or dependent children but no marital property |
| 12.990(c)(3) — Neither Children Nor Property | When there is nothing to divide and no children |
Picking the wrong form is one of the top reasons clerks bounce final judgments. A common misconception is that 12.990(a) and 12.990(c)(1) are interchangeable for childless couples, but simplified dissolution forbids alimony and requires both spouses to appear in person at the final hearing.
FAQs
Do I need a lawyer to fill out Form 12.990(c)(1)?
No. Florida lets pro se litigants use the form, and the Florida Courts Self-Help Center provides instructions, though a family law attorney is wise for complex assets.
Does Form 12.990(c)(1) end my marriage by itself?
No. Only a circuit judge’s signature on the form, filed with the clerk, dissolves the marriage; an unsigned proposed order has no legal effect.
Can I include alimony on this form after the 2023 reform?
Yes. SB 1416 kept bridge-the-gap, rehabilitative, and durational alimony, and the form has spaces to specify type, amount, and duration.
Must I attach a financial affidavit?
Yes. Rule 12.285 requires a sworn financial affidavit before the judge can enter the final judgment, even in uncontested cases.
Can I divide a 401(k) using only this form?
No. You also need a separate Qualified Domestic Relations Order before the plan administrator will release retirement funds.
Can my spouse and I just sign the form ourselves?
No. Only the judge signs Form 12.990(c)(1); the spouses sign the petition, settlement agreement, and financial affidavits, not the final judgment.
Will my former name be restored automatically?
No. You must request restoration in the petition and again in the form, and the judge must check the box; otherwise your married name remains your legal name.
Do I have to wait before the judge signs the form?
Yes. § 61.19 requires at least 20 days from the filing of the petition before the marriage can be dissolved, except in extraordinary cases.
Is Form 12.990(c)(1) accepted in every Florida county?
Yes. The Florida Supreme Court approved it for statewide use, so all 67 counties’ circuit courts accept it through their clerks of court.
Can I modify the final judgment later?
Yes. Alimony and enforcement provisions are modifiable if jurisdiction is reserved, but equitable distribution is generally final and non-modifiable under § 61.075.
Does the form handle a prenuptial agreement?
Yes. You list assets covered by the prenup as non-marital and attach the agreement, and the judge enforces it under Hahamovitch.
Will the IRS treat me as single after the judge signs?
Yes. Under IRS Publication 504, if the final judgment is entered by December 31, you are unmarried for the entire tax year for filing-status purposes.
Related reading
- How to Fill Out Florida Form 12.901(b)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(3) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(b)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs